PAPPU THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) Appellants have preferred this appeal against dismissal of their claim application vide judgment dtd. 11/4/2017 passed in Case No. OA(IIU)/RNC/79/2016 on the ground that the deceased- Asha Devi was not a bonafide passenger and the theory of purchase of ticket as disclosed by the applicant at the time of cross-examination that he had purchased ticket for his wife is not believable.

(3.) Learned counsel for the appellants, Mr. Manish Kumar has submitted that admittedly the deceased was travelling as a bonafide passenger from Dhanbad and there is dispute with regard to the fact that whether ticket was up to Tetulmari or Matari. Since the occurrence took place after Tetulmari Railway Station towards the next station i.e. Matari Railway Station, as such, the learned Tribunal has wrongly considered the deceased- Asha Devi not a bona fide passenger and repudiated the claim. Learned counsel for the appellants has submitted that the claimant- Sri Pappu Thakur @ Pappu Pramanik, husband of the deceased has categorically stated in para 9 of his cross-examination that he had admitted his wife at PMCH-Dhanbad, on 13/5/2016, as she was ill and after relieving by Doctor on 16/5/2016, he purchased the ticket up to Matari Station and his wife, Asha Devi boarded the train. Learned counsel for the appellants in support of his submission has placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of Union of India vs. Rina Devi, reported in (2019) 3 SCC 572 para 29 wherein it has been held that "Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstances." Learned counsel for the appellants has thus, submitted that the claimants are entitled for compensation as no contrary evidence has been brought on record by the Railways and the incident took place on 16/5/2016, as such, the claimants are entitled for a compensation to the tune of Rs.4,00,000.00 with interest or Rs.8,00,000.00 as per the new amended rules which is applicable from 1/1/2017 whichever is higher as it is a benevolent legislation.